You’re absolutely right and it’s nice to see correct medical nomenclature here on Lemmy. Unlike some places where someone would say he’s wacko and belongs in the crazy hospital.
“His defense attorney, Matt Fregi, said he harbored “no ill will toward” his client, who had already cycled through several attorneys before him. “Nothing serious,” he said of his injuries. “Everyone thought it was a lot more serious than what it was.””
If the lawyer does a very good job, then the defendant has no path to later appeal his case. Many defense attorneys aren’t there to get their clients out of trouble, especially in high profile cases, they exist to make sure that the law is applied fairly.
There could be issues with witnesses or evidence that wasn’t handled properly. The attorney could point out all of those flaws in order to best defend their client. That of course would leave the defendant with nothing to try to apply with. A less thorough attorney might not find those issues.
Many defense attorneys aren’t there to get their clients out of trouble, especially in high profile cases, they exist to make sure that the law is applied fairly.
Do stand by what you said about defense attorneys not “there to get their clients out of trouble?”
Yes, they are there to present eveey possible defense to the alligatons even if the client is clearly guilty. Reasons for appeal could include improper handling of evidence, interviewing witnesses improperly, or jury issues. If the attorney catches those and brings them up at trial, then they can’t be used during an appeal in order to get the client of on a technically.
You’re really arguing that a defense attorney’s job isn’t to get their client out of trouble (or in other words, defend them)? Do you realize how ridiculous that is?
The police find that man A kills man B. A is now the defendant in a criminal trial. The job of A’s lawyer is to introduce facts that improve the outcome of the trial. Sometimes, that’s fighting because there isn’t enough evidence available to assert that man A actually killed man B. Other times, it’s getting their client to plead guilty because it’s the easiest thing to do in a case that they’re guaranteed to lose. Other times, it’s to get a lesser sentence because B was abusive to A and A couldn’t escape. It could be that A was acting in self defense.
Removing all nuance and saying that the one and only goal is to get their clients out of trouble is incorrect. Not every defendant is guilty, and not every criminal needs the maximum punishment.
IANAL, but: It circles back to the right to fair representation.
Say he’s convicted, but at a later court, claims “After my totally involuntary psychotic episode, now verified by multiple behavioral psychologists, my lawyer held my unintentional actions against me and did a demonstrably poor job in the remainder of the case. I deserve the right to a fair trial.”
That COULD be enough to get the case declared a mistrial and re-scheduled.
But there’s also a billion reasons you can make an appeal. Most of which have nothing to do with that. Also, being able to make an appeal is a low bar. Most criminal convictions can be appealed…the chance of that appeal overturning the conviction remains low.
I guess. But you can also smother someone with a fluffy pillow. So that’s a deadly weapon, too? Like where is the line between “deadly weapon” and “any random object”.
Seems quite simple to me. Things like guns, swords, daggers and the like are designed to be weapons. So they're generally going to be assumed to be a weapon any time they're used/brandished.
But literally anything can be used as a weapon. So, in normal use they're not a weapon but if used as a weapon, they become one in that instance.
Yeah, I'd agree there. It should be whatever the US equivalent of aggravated assault is. But the charges you could levy bearing in mind he aimed for the head could go as far as attempted murder I guess.
I think on a legal level it means it was an object that was being wielded as a weapon, and from the attack in the specific instance it was meant to kill and the object was capable of achieving that. Hence a deadly weapon.
Not entirely useless. “Assaulted with thing that could kill or maim under the circumstances at that time” is pretty relevant, even if it is super broad.
Spitting on someone Is assault. If I was on trial for spitting on someone I’d hate to get lumped together with the guy who caved someone’s head in with a lead pipe.
I think it might just be a line of how they used the random object could have reasonably resulted in death. So if you smack someone in the face with a fluffy pillow, it’s not a deadly weapon. If you try to smother them with it, it is.
That’s the thing.
Literally anything is a weapon. Banning weapons will only go so far, it’ll definitely make it a lot harder for most mass killings to occur but if someone is determined enough they will make it happen.
Eventually we won’t have a choice but to address the underlying mental health issues plaguing at least half the population.
That’s the other thing too, even objects not typically considered weapons can be made so, some more brual for mass killing/destruction than guns. Propane tanks, pressure cookers, even bleach and ammonia, even liquor has been used (quite effectively) historically.
None of it is right, but when you start considering banning cooking supplies (pressure cookers I believe around Boston marathon bomber time) you are right, we do have to address the underlying issues
True, although many countries in the world disagree with the US that banning firearms wouldn’t make a huge difference. By virtue of, well, them having done so and it having made a huge difference.
I’m not saying don’t ban firearms, I’m saying don’t ignore the underlying problems too. The rest of the world doesn’t have easy access to firearms but they also have much better access to mental health services.
Depends on the hands. A professional fighter can be charged with AWALW using their hands, or feet if that’s part of their martial arts training, although their body parts can’t legally be registered as such.
This guy clearly intended that pen to be lethal and likely had the strength for it, but was fortunately restrained.
“Assault with a deadly weapon or instrument other than a firearm” (CPC 245(a)(1)) can be charged as either a misdemeanor or a felony depending on the exact circumstances.